Embezzlement typically concerns the theft or misappropriation of another’s money or property by a person in a position of trust or responsibility over those assets.
What is an Embezzlement Charge?
Under California Penal Code 503 P.C., you can be prosecuted for Embezzlement if you allegedly violated a position of trust in charge of another’s property or funds, and you converted that property or those funds for you own benefit with the intent to permanently deprive the lawful owner thereof.
Embezzlement is a “wobbler” offense, meaning that the prosecutor can charge you with a misdemeanor or a felony, depending on the monetary amount at issue (over $950.00 in value will typically result in a felony charge), the facts of the case, and your criminal record.
What are Examples of Embezzlement?
Examples of situations involving Embezzlement include the following:
What Does the Prosecutor Need to Prove for an Embezzlement Charge?
To prove that you are guilty of Embezzlement under California Penal Code 503 P.C., the prosecutor must prove each of the following elements (as required by the Judicial Council of California Criminal Jury Instructions CALCRIM 1806):
What Happens If I am Convicted of Embezzlement?
If the value of the embezzled funds or property is worth $950.00 or less, then you will be charged with a misdemeanor and face the same penalties as Petty Theft. But if it’s worth more than $950.00, then Embezzlement is a “wobbler” offense, meaning that the prosecutor can charge you with a misdemeanor or a felony, depending on the facts of the case and your criminal record, and you will face the same penalties as Grand Theft.
If you are convicted of Embezzlement under California Penal Code 503 P.C., you face the following punishment (excluding any sentencing enhancements):
What are My Possible Defenses to an Embezzlement Charge?
Embezzlement cases can often be resolved during the investigation stage even before criminal charges are actually filed. Specifically, a highly experienced and skilled Los Angeles County Embezzlement attorney like Ninaz Saffari might be able to convince the investigating detective to not refer the case to the District Attorney’s Office for prosecution, or to convince the D.A.’s Office not to file charges if the case has already been referred. These are called Pre-Files, which Ms. Saffari has a great deal of experience in successfully negotiating. See her Case Results.
If you are charged with Embezzlement, Ms. Saffari will first conduct a thorough investigation, often with the help of her private investigator, to ascertain all relevant facts. Again, if possible, she will attempt to get the charges dismissed either before or shortly after they are filed. If she takes the case to trial, she will often use an expert witness who will argue that the alleged harm never occurred, did not occur to the degree claimed, occurred but was the result of an accident or unintentional conduct, or that the District Attorney has otherwise failed to provide enough evidence to meet the high threshold to prove Embezzlement.
The following are the possible defenses to an Embezzlement charge:
What Kind of Embezzlement Cases Has Ninaz Saffari Defended?
Since 2005, Ninaz Saffari has successfully represented many clients against Embezzlement charges, including both as felonies and misdemeanors.--
If you or a loved one are currently being investigated or prosecuted for this crime, it is critical that you immediately hire a highly skilled, aggressive and experienced Los Angeles County Embezzlement criminal defense attorney like Ninaz Saffari. Contact the Saffari Law Firm, P.C. now for a free telephone consultation. If Ms. Saffari believes she can help you, she will immediately schedule a free in-person meeting or, if you are in custody, she will visit you in jail (again, for free and with no obligation to hire her).
Representing All Of Los Angeles County including:
Downtown Criminal Courts Building
Van Nuys Courthouse
San Fernando Courthouse
Long Beach Courthouse